R01-273RES OLUTION R01 - ~"1 5
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A FLORIDA BOATING
IMPROVEMENT PROGRAM AGREEMENT WITH
PALM BEACH COUNTY TOWARD THE PURCHASE
OF SAM BROWN, JR., SUBDIVISION (MOREY'S
LOUNGE) PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WltEREAS, the Board of County Conmussioners has adopted
Resolution No. R-99-77, establishing the Palm Beach County Florida Boating
Improvement Program (FBIP); and
WHEREAS, FBIP specifically provides for the County's allocation of
vessel registration fees to municipalities for the purpose of funding eligible
boating related projects; and
WHEREAS, the City has submitted a Project Application Request to
the FBIP for funds in an amount not ro exceed $250,000 for use toward an
eligible project,, the acquisition of the Brown Junior Subdivision (Morey's
Lounge) property, adjacent to Boat Club Park in Boynton Beach; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and direct the
Mayor and City Clerk to execute a Florida Boating Improvement Program
Program Agreement with Palm Beach County, for funding in an amount not to
exceed $250,000 toward the acquisition of the Brown Junior Subdivision
(Morey's Lounge) property, adjacent to Boat Club Park in Boynton Beach.
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
__ day of October, 200i.
Co~ission~
Boynton t each
City Clerk's Offwe
100 E. Boynwn Beach Boulevard
P.O. Box$10
Boyntan Beach. Flarida 33't25-0310
(561) 742-6060
FAX: (56D 742-6090
October 23, 2001
DIRECTOR OF PARKS AND RECREATION
Palm Beach County Parks and Recreation Dept.
2700 Sixth Avenue South
Lake Worth, FL 33461
RE: RESOLUTION #R0i~273 AND TWO PARTIALLY AGREEMENTS
Dear Director:
Attached please find a copy of the above mentioned resolution and two partially signed
agreements. Please forward them to the Palm Beach County Commissioners and have them
placed on their next agenda.
When the documents are completely executed, please return one original to me for Central
files.
If you have any questions pertaining to this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Janet M. Prainito, CMC, City Clerk
C: John Wildner, Parks Director
"An Equal Opportuni¢/Affirmative Action/ADA Employer"
PALM BEACH COUNTY
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT AGREEMENT
THIS AGREEMENT, is made and entered into on lC~- I~,-oi , 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 "City".
WITNESSETH:
WHEREAS, in accordance with Section 328.72 (15), Florida Statutes, monies
collected from vessel registration fees are distributed by the tax collector to the
Board of County CommissiOners for the sole purpose of providing recreational
channel marking, public launching facilities, and other boating related activities; and
WHEREAS, the Board of CountyCommissioners has adopted Resolution No.
R-99-77, as may be amended, establishing the Palm Beach County Florida Boating
Improvement Program ("FBIP"); and
WHEREAS, said FBIP specifically provides for the County's allocation of
vessel registration fees te municipalities for the purpose of funding eligible boating
related projects; and
WHEREAS, the City has submitted a Project Application requesting FBIP
funds in an amount not to exceed $250,000 for use toward an eligible project; and
WHEREAS, funding is available from Calendar Year 2001 and Calendar Year
2002 FBIP funds; and
WHEREAS, the parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements expressed herein, the parties hereby agree as follows:
1. This Agreement shall be performed in accordance with Section 328.72
(15), Florida Statutes, and Palm Beach County Resolution No. R-99-77, as may be
amended, which are hereby incorporated by reference as if fully set forth herein.
2. The term of this Agreement shall be for a period of twenty five (25) years
commencing upon the date of full execution by the parties hereto.
3. a. The County hereby agrees to pay the City an amount not to exceed
$250,000 on a reimbursement basis for costs associated with the City's eligible
boating related project which includes acquisition of the Sam Brown Junior
Subdivision (Morey's Lounge) property adjacent to Boat Club Park in Boynton
Beach, hereinafter referred to as "Project", as more fully described in ~Exhibit A"
attached hereto and '~ncorporated herein.
b. The County and the City hereby agree that there shall be no
reimbursement of funds by the County for any expenditure made pnor to the
effective date of this Agreement with the exception of $150,000 for the following
expenditures: purchase of the Property subsequent to September 17, 2001, as
described in Exhibit "A".
G:\SYINGER\FBIP.PBC\Boynton~gr.wpd
4. The County shall use its best efforts to provide $150,000 of said funds to the City
within forty-five (45) days of receipt of the following information and will provide the
additional $100,000 within Calendar Year 2002:
a. A Notice of Limitation of Use form as provided by the County that
has been filed with the deed to the property in the Public Records of Palm Beach
County;
b. A Project Completion Certification form as provided by the County;
c. A photograph of a permanent project identification sign which has
been erected at the project site crediting the FBIP program as a source of project
funding.
d. Project reimbursement forms provided by the County as applicable: Actual
Cost Contract Payment Request, Contractual Services Purchases Schedule, Salaries and
Wages Schedule Direct Material Purchases Schedule, Material Grantee Stock Material
Cost Schedule, and Grantee Equipment Costs Schedule.
5. The City is fully aware and understands that the County's performance and
obligation to pay under this Agreement is contingent upon funding by the tax
collector through its annual appropriation of vessel registration fees.
6. The City shall complete the Project and provide accounting data to County
for same on or before six I6) months from the date of execution of this Agreement
by the parties hereto. Upon written notification to the County at least ninety (90)
days prior to the expected completion date, the City may request an extension
beyond this period for the purpose of completing the Project. The County shall not
unreasonably deny the City's request for said extension.
7. The City shall submit to County quarterly status reports on the Project
Status Report form provided to City by the County.
8. The City hereby agrees that any and all asphalt paving performed by the
City within the scope of the Project shall conform with the State of Florida
Department of Transportation's specifications for materials.
9. The City shall maintain books, records, documents, and other evidence
which sufficiently and properly reflect all costs of any nature expended on the Project
as funded pursuant to this Agreement for a period of not less than three (3) years.
Upon advance notice to the City, the County shall have the right to inspect the
Project as well as the right to inspect and audit said books, records, documents and
other evidence pertaining to the Project during normal business hours.
10. Upon completion, the City hereby agrees to dedicate the Project for
public recreational use for a period of twenty five (25) years from the date of full
execution of this Project Agreement. The City shall record the Project Agreement
and a Notice of Limitation of Use including said dedication in the Public Records of
Palm' Beach County.
11. The City warrants that the Project shall be open to all Palm Beach County
residents on a non-discriminatory basis regardless of residency, race, color, religion,
disability, sex, age, national origin, ancestry, marital status, or sexual orientation.
12. U pon completion of the Project, the City shall erect a permanent sign or
plaque in accordance with Resolution No. R-99-77, as may be amended, crediting
G:\SYINGER\FBIP.PBC~Boynton~Agr.wpd
2
the FBIP as a source of funding. Said s~gn or plaque shall be erected at the
completed Project where placement is feasible.
13. The City hereby agrees that it shall be responsible for all costs of
operation and maintenance of the Project for the term of this project Agreement.
14. The County shall have the right to terminate this Agreement due to City's
non-compliance with the terms and conditions hereof or with non-compliance with
Resolution No. R-99-77, as may be amended. Upon said termination, the City shall
refund the County all FBIP funds tendered for the Project, plus applicable interest
in accordance with Resolution No. R-99-77j as may be amended. A determination
of non-compliance bythe County may result in the CITY being ineligible for further
FBIP funding until a time certain and/or under certain conditions as designated by
the County. The Oity may request termination of this Agreement and the County, at
its sole discretion, may elect to accept.said termination. In such instance, the City
shall refund the County all FBIP funds used on the Project, plus applicable interest
in accordance with Resolution No. R-99;77, as may be amended.
15. Within the extent permitted by law, the City shall indemnify and hold the
County harmless from and against any and all loss, suit, action, legal or
administrative proceeding, claim, demand., damage, liability, interest, attorney's fee,
cost and/or expense of whatsoever kind or nature arising in a manner directly or
indirectly related to the City's performance of this Agreement. However, the City
does not indemnify the County from and against any and all loss, suit, action, legal
or administrative proceeding, claim, demand, damage, liability, interest, attorney's
fee, cost and/or expense due to the County;s negligence or willful misconduct. The
liability limits set forth in Section 768,28, Florida Statutes, shall not be waived.
16. Prior to execution of this Agreement by the County, the City shall provide
either a certificate evidencing insurance coverages as required herein or a statement
of self insurance from the City's Risk manager. The City shall, during the term of this
Agreement and any extension hereof, maintain in full force and effect self insured
or commercial general liability insurance, including contractual liability and
completed operations liability, in the amounts specified in Section 768.28, Florida
Statutes, to specifically cover all exposures associated with the Project and terms
and conditions of this Agreement. Where permissible with respect to the above
coverage, such policy shall include Palm Beach County as additional insured. All
policies shall contain a clause providing the Countywith at least thirty (30) days prior
notice in the event of cancellation, non-renewal, or material adverse change in
coverage. Compliance with the foregoing requirements shall not relieve the City of
its liability and obligations under this Agreement.
17. This Agreement represents the entire agreement of the parties and there
are no promises or understandings other than those stated herein. None of the
provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto.
18. The parties may pursue any and all actions available under law to enforce
this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
19. This Agreement shall be governed by the laws of the State of Florida, and
any and all legal action necessary to enforce this Agreement shall be held in Palm
Beach County.
G:~SYINGER\FBIP.PBC~BoyntonL~gr.wpd
20. Any notice given pursuant to the terms of this Agreement shall be in
writing and hand delivered or sent by U.S. Mail. 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, Florida 33461
As to the CITY:
City Manager
City of Boynton Beach
P.O. 310
Boynton Beach, FI 33425
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement
on the date first above written.
ATTEST:
DOROTHY H. WILKEN, CLERK
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:. By:
DepUty Clerk ~??."~/~/,,,,,W. arren H. Newetl, Chairman
t'o .
ATTEST: . ~ ~°%/~'5~ ~ _// / ·
APPROVED AS TO FORM~om~OVED AS TO FORM AND
LEGAL :SUFFICIENCY ~EG~ ~ ~NCY
Goun~ A~orn~y Ci~ A~orne
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
G:~SYINGER\FBIP. PBCL~oynton~Agr.wpd
4
Date Received: ~'-~7-0 /
PALM BEACH COUNTY
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT APPLICATION
Part A: Identification
Project Sponsor:
Project Name:
Liaison
Agent:
Title:
Address:
Applicant Information
City of Boynton Beach
Boat Club Park expansion
Zip Code: 33425
Kurt Bressner
City Manager
P.O. Box 310
Boynton Beach~ FL
Telephone: (561) 742-6010
I hereby certify th~at the information provided in this application is tree and accurate.
Signature:Ass¢~ant City Manager Date: 08/08/01
Act~g City Manager
Project Information
Grant Amount Requested: $ 250,000
Project Type I. check one)
Acquisition x
Site Control (check one)
Acqmring x Leased
If Leased, Date of Expiration:
Development
Retroactive
Own
Brief Project Description:
The City of Boynton Beach is considering the purchase of approximately
.42 acres of property adjacent to Boat Club Park. This property is currently
called Morey's Lounse. The proposal is to aquire the property, demolish the
structures and integrate the property into the park. Possible future uses for
the property include vehicle/boat trailer parking, boat washing faciltities and
tandmrmn~n~. Purchase orice for this property is approximately $640,000. Gran~
request is for $250,000. The City of Boynton Beach will fun~ th~ifferance.
PALM BEACtI COUNTY
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT APPLICATION
Page 2
Part B: Development
Project Description
Type and Estimated Cost of Proposed Development by Facilty:
Quanity Estimated
Facility ('Number and/or Cost
Footage)
No immediate development of the property is planned. The primary use
of Boat Club Park is for boat launching and other boating related functions.
Future development of the site will include similar use.
Attachments' (Required prior to Application Consideration)
Location Map:
Site Plan: fl 1 ~
Boundary Map:
Attach a detailed street, road or highway map locating the project site and
provide driving instructions from the nearest intersection.
Attach a legal sized conceptual site plan displaying location of planned
facilities, if applicable.
Provide a boundary map clearly identifying the project boundaries.
LOCATION MAP
TO BOAT CLUB PARK EXTENSION
INTERSTATE 95
-
, BOAT CLUB PARK EXTENSION!
800 0 3mo 1600 Feet
Boat Club ParK ~
Boat Club Park Extension
Road +
Water
BOUNDARY MAP
FOR BOAT CLUB PARK EXPANSION
Boat Club Park Expansion Boundaries
30 0 30 60 Feet
r-~ Boat ClubParkExpans,on
Boat CfubPark
Parcels
~Water