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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