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.)
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"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
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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
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`= site; and
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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
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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
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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.
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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
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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~
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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
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