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R93-140RESOLUTION NO. R93-///~ A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PARTICIPATION IN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE SEACREST SCRUB JOINT CITY/COUNTY ACQUISITION AND MANAGEMENT PROJECT; A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Board of County Commissioners have authorized the submission of a partnership application to the Florida Communities Trust for state matching funds to acquire the Seacrest Scrub site; and WHEREAS, the City of Boynton Beach and Palm Beach County have signed a Conceptual Approval Agreement with the State of Florida for the joint acquisition of the Seacrest Scrub site; and WHEREAS, the Conceptual Approval Agreement requires that the parties of the partnership application enter into an interloca! agreement which sets forth the relationship among the partners and management responsibilities and obligations incurred by each partner for the Seacrest Scrub site; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, has deemed it to be in the best interests of the citizens and residents of the City to execute an Interlocal Agreement for the Seacrest Scrub Joint City/County Acquisition project. 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 the Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk to execute the Interlocal Agreement, attached hereto as Exhibit "A". section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7 day of September, 1993. CITY OF Commit BEACH, FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) ILASEACR.RES 9/1/93 ,agenda Item PALM BEACH COUNTY le _ // A2- D BOARD OF COUNTY COMMISSIONERS fre e v v AGENDA ITEM SUMMARY M /F --0 Meeting Date: September 21, 1993 [X] Consent [ ] Regular [ ] Ordinance [ ] Public Hearing Department Submitted By: Environmental Resources Management Submitted For: Environmental Resources Management I. EXECUTIVE BRIEF A. Motion and Title: STAFF RECOMMENDS MOTION TO APPROVE: Interlocal agreement with the City of Boynton Beach for acquisition and management of the Seacrest Scrub Ecosite (Ecosite 29). B. Summary: SUMMARY: The interlocal agreement provides that the County will contribute $1,080,860.10 as the primary local government match for the acquisition of the site, will be the primary management entity, will develop and implement the management plan, and will prepare the annual report to the State. The City of Boynton Beach w i l l contribute $80,000 toward the acquisition of the site and w i l l assist in management of the site through contributed services such as police protection, trash removal, mowing of firebreaks, and daily opening and closing of the access gate. Title to the property will vest in the County. The provision of County and City matching funds is contingent upon approval by the Florida Communities Trust Governing Board of an additional $80,830.90, so that the State's total contribution is $889,139.90. District 4 (HJ) C. Background and Justification: The Seacrest Scrub (Ecosite 29) was identified as having high priority for acquisition with funds from the March 12, 1991 bond referendum. The County and the City of Boynton Beach submitted a partnership grant application to the Florida Communities Trust (FCT) Program in January 1992 and received conceptual approval for $808,309 in state matching funds. Because the appraised value of the site is higher than the estimated value submitted in the grant application, additional state and local funds are required for the acquisition. The Environmentally Sensitive Lands Acquisition Selection Committee recommended Board approval of the funding arrangement with the City and State at the Committee's July 5, 1993 meeting (Attachment 2). Staff has requested the additional $80,830,.90 in state matching funds from FCT, and the FCT Governing Board will consider this request at its September 29, 1993 meeting when it reviews the project plan for the site. The interlocal agreement must be provided to FCT as a component of the project plan. The City of Boynton Beach is scheduled to approve the interlocal agreement on September 7th. The Nature Conservancy has made an offer to the owner and is negotiating the terms of the option contract. The owner must sign the option contract by September 30, 1993 or the approval for the matching funds will expire. Board approval of the expenditure of funds for the acquisition will be requested at the time the option contract is presented. D. Attachments: 1. Interlocal agreement 2. Recommendation of the Selection Committee Recommended By: 7 -qr. Dep rtment Director Date Approved By: l 3 s istant Co my Administrator Date II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 1993 1994 1995 1996 Capital Expenditures Operating Costs Operating Revenues Is Item Included in Current Budget? Yes No Budget Account No.: Fund Agency Org. Object Reporting Category B. Recommended Sources of Funds /Summary of Fiscal Impact: Funding for acquisition and initial management activities is available from proceeds from the Environmentally Sensitive Lands Bond Issue. Board approval of funds for the acquisition will be requested when the option contract is presented for consideration. Staff will present options for long -term management funding at the November 23, 1993 Board workshop on management of environmentally sensitive lands. III. REVIEW COMMENTS A. OFMB Fiscal and /or Contract Administration Comments: J 4-6 OFMB 'Contract Administ at' n Corn /i 2S toi B. Legal Sufficiency: / � , , I F Assistant ounty Attorney The County i_ agreeing, at this time, �-' to enter a purchase and sale C. Other Department Review: agreement to buy the property with the City and the State. REVISED 02/92 ADM FORM 01 (THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.) 2 "3-/de; R93 1122D INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY FOR THE ACQUISITION AND MANAGEMENT OF THE SEACREST SCRUB ECOSITE THIS AGREEMENT is made and entered into on this 21 day of September , 1993, by and between the City of Boynton Beach, Florida, hereinafter referred to as the "City ", a Florida municipal corporation, and Palm Beach County, Florida,] hereinafter referred to as the "County ", a political subdivision of the State ofl 'Florida. WITNESETH: WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a4 $100,000,000 bond referendum for the acquisition of environmentally sensitive lands; and WHEREAS, the Seacrest Scrub site (Ecosite 29) in Boynton Beach is one of the high- priority sites to be acquired with funds from this bond referendum; and I 1 WHEREAS, $50 million in bonds have been sold and these monies are available 1 for the acquisition of the Seacrest Scrub site; and 1 I WHEREAS, the Board of County Commissioners and the City of Boynton Beach have authorized the submission of a partnership grant application to the Florid Communities Trust (FCT) for state matching funds to acquire the Seacrest Scru 1 i `= site; and 1 WHEREAS, Palm Beach County and the City of Boynton Beach, as the FC Recipient, have signed a Conceptual Approval Agreement with the State of Florid 1 for the joint acquisition of the Seacrest Scrub site; and 1 I WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of Palm Beach County and the City of Boynton Beach to acquire the Seacrest Scrub property in order to preserve the site in its 1 natural state for future generations as an intact native Florida ecosystem; and1 1 1 ■ ■ ■ s ■ ■ WHEREAS, the Conceptual Approval Agreement requires that the parties of the~ partnership application enter into an interlocal agreement which sets forth the~ relationship among the partners and the fiscal and management responsibilities and! obligations incurred by each partner for the Ecosite; and governmental units ana the residents and citizens of same. NOW, THEREFORE, in consideration of the mutual covenants, agreements, restrictions set WHEREAS, the execution of this agreement is in the best interest of both: and~ forth herein, the parties to this agreement agree as follows: ARTICLE I - IN GENERAL 1. The City and County agree that the City, County, and State will purchase~ certain real property located within the corporate limits of the City of Boynton~ Beach, Florida, known as the "Seacrest Scrub property", and which real property is more particularly described in Exhibit A attached heretoand made a part of hereof. This site will be acquired with funds from the City of Boynton Beach, the Palm Beach County Environmentally Sensitive Lands Bond Issue, and matching State funds~ ~rovided by the FCT Program. 2. The joint acquisition, ownership and management of the property by the ]ity and the County shall serve to preserve the biological community on th~ property in its natural state as an example of a Florida scrub ecosystem in Palm Beach County. It ~s the intent of the parties that the Seacrest Scrub property shall be managed subsequent to ~ts acquisition solely as a nature preserve t~ provide certain scientific and educational benefits and shall serve the personal enjoyment of such a natural County. The property shall future generations will be area by the residents and citizens of the City and be kept in its natural state, such that present and abl~ to experience the natural values currently exhibited on the property, acts of God or other events beyond the control of the City and the County notwithstanding. 3. The parties hereto agree to review their respective zoning ordinances andl comprehensive plans and to take steps to designate this property appropriately inl t. the future under their comprehensive land use plans and zoning ordinances, given, its intended use as a natural area. The future land use designation assigned to( ~the Ecosite shall be for conservation. If an amendment to the City's and/o~ County's comprehensive land use plan is required, the amendment shall be proposedl at the next comprehensive plan amendment cycle available. 4. The Seacrest Scrub Natural Area shall be managed conservation, protection and enhancement of natural and historical be described in the management only for the resources and for passive, natural resource-based public'outdoor recreation that is compatibl~ with the conservation, protection and enhancement of the Natural Area. The parties may make and maintain physical improvements such as fencing, a parking area andl foot trails, to the property only as appropriate for passive resource-based uses. 5. The Seacrest Scrub Natural Area shall be open to the public on a dail~ basis. The locations of public access points and any restrictions on access will plan. 6. The parties shall use their best efforts, through their agents and employees, to prevent the unauthorized use of the Seacrest Scrub or any use now compatible with the management of the site as a natural area or nature preserve.i 7. In the acquisition, management, and maintenance of the subject property,i each party shall be liable for its own actions and negligence. The title to the property shall be conveyed to the County. 9. This [nterlocai Agreement shall be recorded in the Public Records of Palm Beach County, Florida, in accordance with applicable law. 10. This Agreement shall be deemed to be the sole agreement between the parties, and no prior agreements or other writings shall supersede that which is contained in this Interlocal Agreement. 3 11. For the purposes of this Interlocal Agreement, party shall be deemed sufficient when addressed to the deposited in the United States Mail: notices to the othe~ following address andl bo City of Boynton Beach Office of the City Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-03t0 Palm Beach County Department of Environmental Resources Management 3111S. Dixie Highway, Suite 146 West Palm Beach, FL. 33405 12. This Agreement shall be rendered null and void if not executed by all parties hereto on or before S~ptember 30, 1993. ARTICLE II - JOINT RESPONSIBILITIES 13. The County, in cooperation with the City, shall manage the Seacres$ Scrub Natural Area for habitat preservation and passive recreation, keeping the property in its naturaI state except for the maintenance of fences, firebreaks and foot trails and other management activities appropriate for a nature preserve. Management activities will initially consist of removal of trash and invasive vegetation from the site. Long-term management of this site will require controlling invaslve vegetation, monitoring listed plant and animal species, and prescribed burning. Subject to annual appropriations by the County's Board of County Commissioners and the City of Boynton Beach, personnel time and expertise for on-going, site-specific management of this site will be provided by bot~ parties. A detailed division of responsibilities for the management of this site will be provided in the management plan. The parties shall available from the State for management purposes, and will costs through the use of community volunteers. apply for any funds minimize management 4 14. The parties shall prepare, separately or jointly, brochures and other' educational material describing the natural resources, uses, and joint managementl of the property. Any material prepared by one party shall be submitted to the other party for its prior review and approval. Approval shall not be unreasonabl~ withheld. The cost of any jointly-prepared materials shall be shared equally the parties, and the costs of any material prepared individually shall be solel~ that party's responsibility. Both parties shall encourage students and residents to utilize the natural area for educational and pass~ve recreational purposes. 15. The Seacrest Scrub Natural Area will be identified as being publiclyi owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising. 16. The parties agree that the County will erect a sign or mon~menti identifying the Natural Area as being open to the public and as having been~ purchased with funds from FCT and the partner applicants. ARTICLE III - RESPONSIBILITIES OF THE COUNTY 17. The County agrees to plan and, subject to FCT approval and a budgetl ~pproved by the Board of County Commissioners, to pay for physical improvements tol the site that would encourage public use of the site as a nature preserve. Thes~ facilities may include, out not De limited to, walking and interpretive trails, an educational display (kiosk), and parking facilities. The City and County shall use their best efforts to plan and construct these facilities taking into consideration }rimarily the sensitivity and needs of the biological community and secondarily th~ intended educational and recreational uses of the property. 18. The County agrees to secure the Seacrest Scrub Natural Area with fencing, gates and slgnage to discourage unauthorized activities such as dumping of trash and off-road vehicle usage, while permitting public access to the naturali area for passive recreational activities. 19. The County will develop a management plan and a controlled burn plan for the Seacrest Scrub Natural Area, in consultation with the City. The management 19. The County will develop a management plan and a controlled burn plan fo~ the Seacrest Scrub Natural Area, in consultation with the City. The management plan will be subject to the approval of the State. 20. The management plan will contain a mechanism for the City and the Count~ 'to determine jointly the future of the natural preserve, should any unforeseen, events or activities, either natural or man-made, severely limit or eliminate the natural values presently on the property. 21. The County, in coordination with the City will prepare and submit to FCT an annual report to FCT as required in the-Conceptual Approval Agreement. 22. Management of all natura'l areas acquired by the County will b~ coordinated on a countywide basis to protect ecosystems and populations of liste~ species throughout the County. 23. The County may solicit advice from The Nature Conservancy on management! activities for natural areas acquired with funds from the bond ~ss~e. 24. The County agrees to identify a County employee as a contact person interact with the City in planning for and managing the Natural Area. 25. The County agrees to identify a County employee as the public contact ~erson to coordinate group usage and research on the Seacrest Scrub and to answer ~ublic inquiries about the site. 26. The County agrees to jointly enter with the City and the State m contract for the purchase and sale of the property from the current owners. The County's share of such purchase price shall be one million eighty thousand eigh~ hundred and sixty dollars and ten cents ($1,080,860.10). The purchase shall be contingent upon approval by the Florida Communities Trust Governing Board of an additional eighty thousand eight hundred thirty dollars and ninety cent~ ($80,830.90) to the previously approved grant award of eight hundred eight thousand, three hundred and nine dollars ($808,309.00), so that the State's total contribution is eight hundred eighty-nine thousand one hundred thirty-nine dollar~ 6 and ninety cents ($889,139.90). The County's share of the purchase price shall be paid on the date of the closing to the owners of the property. ARTICLE IV - RESPONSIBILITIES OF THE CITY 27. The City agrees that its review of any proposed changes and uses of, om activities on, real property immediately adjacent to the Seacres~ Scrub shall be reviewed to ensure the protection of the biological community on the preserve and to avoid adverse impact on the species present. 28. The City will assist in the long-term management of the site, including~ removal of exotic vegetation, prescribed burning and other activities. 29. The City agrees to provide long-term maintenance of the site, includingi weekly garbage pick-up, police services, and regular mowing of perimete~ firebreaks. The City will assume responsibility for the daily opening and closin~ of any gates providing public access to the site. This responsibility may be delegated to a local resident or stewardship group if approved by both the County and the City. 20. The City will modify its land development code to reduce the required buffer/firebreak on this site from 50 feet to 15 feet. 32. The City agrees to jointly enter with the County and the State m contract for the purchase and sale of the property from the current owners. The City's share of such purchase price shall be eighty thousand dollars ($80,000)~. The purchase shall be contingent upon approval by the Florida Communities Trus~ Governing Board of an additional eighty thousand eight hundred and thirty dollar~ and ninety cents ($80,830.90) to the previously approved grant award of eigh~ hundred eight thousand three hundred and nine dollars ($808,309.00) so that the State's total contribution is eight hundred eighty-nine thousand one hundred and thirty dollars and ninety cents ($889,139.901. The City's share of the purchase price shall be paid on the date of closing to the owners of the property. 33. The City agrees to identify a City employee as the contact person to interact with the County in planning for and managing the Natural Area. 34. The City will encouWage students and residents to utilize the site for educational and recreational purposes. WHEREFORE, the parties hereto have set their hands and seals on the day set forth next to their signatures. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk DATE -- .. '- (,SEAL) ~i- APPROVED AS ~T~<~A~D LEGAL SUFFICIENCY: BY: Assistant County Ab'torney DATE: ATTEST: ~ Clerk BATE: ~///~-//~',,.~' (SEAl.) DATE: q~:P ? 1 CITY OF BOYNTON BEACH, FLORIDA, BY ITS COUNCIL Mayor DATE: ~/'/'~:~/~.~' APPROVED AS TO FO..~.~.3 LEGAL SU~/N / A~ctorney DATE: /~"/' ~'~ 8 EXHIBIT A ~ [7-- :;~,~'~ ~ ~ ......