1990-07
eSTATE OF FLORIDA8
DEPARTMENT OF NATURAL RESOURCES
Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard. Tallahassee, Florida 32399
Tom Gardner, Executive Director q 0 - 00 ï
J~~~IO~[@laJ f58
- 0 71£~~
February 2, 1990
Mr. Wayne Saunders
city Manager
city of Clermont
Post Office Box 219
Clermont, Florida 32711
Re:
12th street Recreation site
LWCF Project No. 12-00299
Dear Mr. Saunders:
Enclosed is a copy of the fully executed state/local
agreement for the above-referenced project.
Enclosed also is information highlighting major state and
federal program requirements, but not addressing them all. You
are encouraged to use this as a guide but also become thoroughly
familiar with the program requirements contained in the Land and
Water Conservation Fund Grants Manual and Chapter 16D-S, Florida
Administrative Code.
Please call with any questions.
488-7896 and Suncom 278-7896.
My numbers are (904)
Sincerely,
~M,~
Lintla D. Reeves
Grants Specialist
Bureau of Local Recreation
Division of Recreation and
Services
Parks
LDR/re
Enclosure
.
Admlnlstrauon
Beaches and Shores
Law Enforcement
Manne Resources
RecreatIOn and Parks
Resource Management
State Lands
Bob Martmez
Governor
JIm SmIth
SecretaryofSlale
Bob Butterworth
Anornev General
Gerald LeWIS
SlaleComplrolier
Tom Gallagher
Slate Treasurer
Doyle Conner
CommlS5Ionerof Agncullure
Betty Castor
CommlS5IonerofEducauon
8
8
(1 -locÅh Þ
(DNR Contract Number)
LAND AND WATER CONSERVATION FUND PROGRAM 12-00299
ACQUISITION PROJECT AGREEMENT (LWCF Project Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
This Project Agreement entered into on this
23rd.
day
of
January
, 1990, by and between the Florida Department of
Natural Resources,
(hereinafter referred to as "Department"),
and the City of Clermont,
(hereinafter referred to as "Project
Sponsor"), in furtherance of an approved outdoor recreation
Project.
In consideration of the mutual covenants contained
herein, the Department and Project Sponsor do hereby agree as
follows:
10
This Project Agreement shall be performed pursuant to
Chapter 16D-5, Part V, Florida Administrative Code, as amended,
(hereinafter referred to as "Rule"), the Land and Water
Conservation Fund (LWCF) Act of 1965, 78 Stat. 897 (1964), as
amended,
(hereinafter referred to as "Program" ), and in
accordance with the general provisions for such Agreements
prescribed by the United States Department of the Interior (USDI)
in the LWCF Grants Manual,
(hereinafter referred to as "Manual").
The Project Sponsor agrees to become familiar with all provisions
and comply with the Rule, which is incorporated into this
Project Agreement by reference, as if fully set forth herein.
In
the event a dispute should arise between the parties concerning
the intent of any language herein contained, the same shall be
resolved by the adoption of that meaning which furthers the
intent and purpose of the above referenced Acts of Congress and
the general provisions governing this Project Agreement as set
forth in the Manual to the extent that said Manual is not
inconsistent with the Rule.
No construction shall be contrary to
the requirements of the Acts of Congress or of the regulations of
the Secretary of the Interior.
Any difference of opinion which
may not be resolved by provisions of such Acts of Congress and
the interpretations or regulations of the Secretary of the
Interior or of the USDI shall be resolved between the parties
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by negotiation.
By acceptance of the Program grant, the Project
Sponsor agrees to comply with the requirements of Title VI of the
Civil Rights Act of 1964 and section 504 of the Rehabilitation
Act of 1973, as amended.
The Project Sponsor further agrees to
cooperate with the Department in all aspects of compliance with
all laws applicable to use of Program funds.
It is the intention
of the parties hereto that none of the provisions of section
163.01,F. S., shall have application to this Project Agreement.
2.
The Project Sponsor agrees to adhere to the USDI
certification regarding drug-free workplace requirements.
This
certification is required by the regulations implementing the
drug-free workplace requirements for Federal grant recipients
under the Drug-Free Workplace Act of 1988.
These regulations
were published as Part II of the January 31, 1989, Federal
Register (Pages 4947-4966).
3.
The Project Sponsor agrees to adhere to section 8136 of
the Department of Defense Appropriations Act, which has
government-wide application concerning Federal funding.
When
issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing projects or
programs funded in whole or in part with Federal money, all
grantees receiving Federal funds, including but not limited to
State and local governments, shall clearly state the percentage
of the total cost of the program or project which will be
financed with Federal money and the dollar amount or Federal
funds for the project or program.
4.
The Department has found that outdoor recreation is the
primary purpose of the Project known as 12th Street Recreation
Site II (LWCF Project number 12-00299), and enters into this
Project Agreement with the Project Sponsor for acquisition of
that real property, the legal description of which is set forth
in Exhibit A.
5.
The Project Sponsor shall complete acquisition of the
Project site by June 30, 1990.
All Project close-out
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documentation shall be submitted to the Department prior to
release of Program funds pursuant to requirements of the Rule.
6.
within three (3) years following the date of final
Project reimbursement, the Project Sponsor will construct, or
cause the construction of, certain outdoor recreation facilities
and improvements upon the real property acquired through the
Project. These facilities shall be designed and constructed
substantially in accordance with the conceptual site development
plan and the recreation and support facilities described in the
Project application, which is incorporated into this Project
Agreement by reference, as if fully set forth herein.
This site
development plan may be altered by the Project Sponsor after
approval by the Department.
Any and all utility lines installed
within the park shall be placed underground.
Upon completion of
development, the Project Sponsor shall provide to the Department
an as-built plan for the Project site along with a list
identifying the number and types of recreation and support
facilties constructed and improvements made.
In the event the
Project Sponsor fails to complete development of the subject
property in the manner described in this Agreement on or before
the date specified herein, the Project Sponsor agrees that upon
demand it will return to the Department the total Program
contribution.
7.
Execution of this Project Agreement does not relieve the
Project Sponsor of the responsibility to comply with all appli-
cable federal, state, county, or municipal laws, ordinances or
rules nor is the Project Sponsor relieved of the responsibility
to obtain any permits, management agreements or leases which are
required by the Department or any federal, state, county or
municipal agency for acquisition or development of the Project
site for Program purposes.
8.
Upon completion of Project acquisition and determination
by the Department that the Project Sponsor has fulfilled all
appropriate obligations under this Project Agreement, the
Department shall transfer, on a reimbursement basis to the
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Project Sponsor, such eligible Program funds not to exceed
$44,896.00, which will pay said Program's share of the cost of
the Project.
Program fund limits are based upon the following:
Grant Amounts
Indirect Cost Rate
(F.S.215.195)
Indirect Cost Amount
$ 46.000.00
2.4%
Total Grant Amount
Total Sponsor Amount
$ 1.104.00
$ 44.896.00
Project Amounts
Total Project Cost
Program Amount
$ 89.792.00
$ 44.896.00
Sponsor Match
$ 44.896.00
Type of Match
Cash
Program funds may be released at the discretion of the
Department, upon the request of the Project Sponsor's duly
authorized Liaison Agent.
The Project reimbursement request
shall include all documentation required by the Department for
a proper preaudit and post-audit review.
The Department's
Contract Manager shall, within sixty (60) days after receipt of
the payment request, review the submitted documentation and, if
complete pursuant to requirements of the Project Agreement,
approve the request for payment.
9.
The Project Sponsor agrees to adhere to the Department's
Grant and Contract Accountability Policy, Chapter 16A-l1, Florida
Administrative Code,
(hereinafter referred to as "Accountability
Policy"), incorporated into this Project Agreement by reference
as if fully set forth herein.
The Accountability policy
establishes uniform guidelines and procedures to be utilized by
the Department and the Project Sponsor in accounting for grant
funds disbursed under the Program and sets forth principles for
determining eligible costs, supporting documentation and minimum
reporting requirements.
Expenses, representing the grant amount
and required match, shall be reported to the Department and
summarized on certification forms provided by the Department.
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The Project Sponsor shall retain all records supporting Project
costs for three (3) years after the fiscal year in which the
final Program payment was released by the Department except that
such records shall be retained by the Project Sponsor until final
resolution of matters resulting from any litigation, claim, or
audit that started prior to the expiration of the three-year
retention period.
The Department and other authorized govern-
mental agencies shall have the right to audit such records
throughout the retention period described above.
10.
This Project Agreement may be canceled by the Department
without prior notice for refusal by the Project Sponsor to allow
public access to all documents, papers, letters, or other
material made or received by the Project Sponsor in conjunction
with the Project Agreement, subject to the provision of Chapter
119, Florida Statutes.
11.
If the Project Sponsor has been granted a Waiver of
Retroactivity and all applicable Manual requirements have been
satisfied, the full Program amount may be reimbursed upon
completion of the Project if such costs are identified in
Paragraph 12 herein as eligible costs incurred prior to
execution of the project Agreement.
12.
The Department and the Project Sponsor fully understand
and agree that there shall be no reimbursement of funds by the
Department for any obligation or expenditure made prior to the
execution of this Project Agreement with the exception of
$44,896.00, for:
Acquisition of real property described in
Exhibit A.
13.
Competitive open bidding and purchasing for the future
construction of any Project site facilities or improvements
shall comply with all applicable laws and the Manual.
14.
All moneys expended by the Project Sponsor for the
purposes contained herein shall be subject to preaudit review
and approval by the Comptroller of Florida in accordance with
section 17.03, Florida Statutes.
Supporting documentation for
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expenditures shall be provided by the Project Sponsor in
accordance with the Accountability Policy.
15.
The Department and USDI shall have the right, through
its agents, servants, and employees designated for that purpose,
to inspect the site of the Project and the facilities thereon at
any reasonable time.
16.
Following receipt of an audit report identifying any
refund due the Department for non-compliance by the Project
Sponsor with said Project Agreement, the Project Sponsor will be
allowed sixty (60) days to submit additional pertinent documen-
tation to offset any amount identified as being due the Depart-
mente
The Department, following a review of the documentation
submitted by the Project Sponsor, will inform the Project Sponsor
of any refund due the Department.
17.
The Department shall have the right to demand a refund,
either in whole or part, of the funds provided to the Project
Sponsor for noncompliance with the terms of this Project
Agreement and the Project Sponsor upon notification from the
Department agrees to refund and will forthwith pay directly to
the Department the amount of money demanded.
18.
If the united States, acting through the USDI, the
Secretary of the Interior, or any other branch of the government
of the United States, acting within the scope of its lawful
authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the
Project Sponsor under terms of the Project Agreement, the Project
Sponsor, upon notification from the Department, agrees to refund
and will forthwith
of money demanded.
19. The State
repay directly to the Department the amount
of Florida's performance and obligation to
pay under this Project Agreement is contingent upon an annual
appropriation by the Legislature.
20.
Richard A. Halvorsen,
Grants specialist, or successor,
hereby designated as Department Contract Manager for the purpose
of this Project Agreement, shall be responsible for ensuring
Page 6 of 10
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performance of its terms and conditions and shall approve any
reimbursement request prior to payment.
The Project Sponsor's
Liaison Agent shall act on behalf of the Project Sponsor relative
to the provisions of the Project Agreement and shall submit
signed quarterly Project status reports on a calendar basis
summarizing acquisition negotiations to date, percentage of
development described in Paragraph 6 herein completed, problems
encountered and other pertinent information.
Photographs
shall be submitted with status reports, when appropriate, to
reflect construction work accomplished.
21.
By acceptance of the provisions of this Project
Agreement, the Project Sponsor does hereby dedicate the Project
site and all land within the Project boundaries described in
Exhibit A, to the public in perpetuity as an outdoor recreation
area available to the general public for recreation purposes
only.
The Project Sponsor further agrees that the execution of
this Project Agreement by the Department shall constitute an
acceptance of said dedication on behalf of the general public of
the State.
22.
The Project Sponsor agrees to operate and maintain the
Project site in perpetuity and to operate and maintain the
recreational facilities developed thereon at its own expense for
a minimum period of twenty-five (25) years or the life of the
facilities, whichever is greater, from the date their
construction was complete.
The Project site and facilities shall
be open for public use, maintained in accordance with applicable
health and safety standards, and kept in good repair to prevent
undue deterioration and provide for safe public use.
The Project
Sponsor covenants that it has full legal authority and financial
ability to develop, operate and maintain all Project site
facilities and improvements as specified within the terms of
this Project Agreement.
23.
The Project Sponsor shall not, for any reason, convert
all or any portion of the Project site for any purpose other than
outdoor recreation without prior approval of the Department and
Page 7 of 10
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USDI pursuant to section 6(f) (3) of the LWCF Act.
If a
conversion is approved, the Project Sponsor agrees to provide
at its sole expense, without further contribution from the
Program, replacement property of equal or greater value, quality,
size and utility to that which was converted for other purposes.
This replacement shall be in close proximity to the property
converted and meet with Department and USDI approval.
In lieu
of such replacement, the Project Sponsor shall return to the
Department the entire Program contribution or the current
appraised value of the Project site and all improvements
thereon, at the discretion of the USDI.
24.
When completed, entrance to Program projects must be
uniformly made available on a non-exclusive basis to the general
public without regard to age, sex, race, other condition or the
political subdivision in which the use may reside.
If requested
by the Project Sponsor and authorized by the Department, special
allowances may be made for certain classes or groups of users.
25.
The Project Sponsor agrees to provide the Department
with annual attendance reports.
26.
The Project Sponsor shall save and hold harmless and
indemnify the State of Florida against any and all liability,
claims, judgements or costs of whatsoever kind and nature for
injury to or death of any person or persons and for loss or
damage to any property resulting from the use, service,
operation or performance of work under the terms of this Project
Agreement, resulting in whole or in part from the negligent acts
or omissions of the project Sponsor, his contractors, or any of
the employees, agents or representatives of the Project Sponsor
or contractors to the extent allowed by law, while executing
obligations contained herein to acquire, construct, operate and
maintain the Project site and facilities.
27.
If the project Sponsor is subject to the provisions of
Office of Management and Budget (OMB) circular #A-128, then the
Project Sponsor shall furnish a copy of the required independent
financial and compliance audit to the Department within 30 days
Page 8 of 10
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after furnishing the original audit to OMB.
28.
If through any cause the Project Sponsor should fail
to fulfill in a timely manner the obligations under this Project
Agreement or if the Project Sponsor should violate any of the
covenants, agreements or stipulations of this Project Agreement,
the Department shall thereafter have the right to terminate this
Project Agreement without prior notice.
In the event the Depart-
ment so terminates this Project Agreement for such violation,
the Department is not required to compensate the Project Sponsor
for any expenses incurred.
29.
The Project Sponsor and Department mutually agree to
the following special terms and conditions incorporated as part
of this Project Agreement:
None
30.
This Project Agreement represents the entire agreement of
the parties.
Any alterations, variations, changes, modifi-
cations, or waivers of provisions of this Project Agreement shall
only be valid when they have been reduced to writing duly signed
by each of the parties hereto and attached to the original of
this Project Agreement.
31.
This Project Agreement has been delivered in the state of
Florida and shall be construed in accordance with the laws of
Florida.
Any action hereon or in connection herewith shall be
brought in Leon County, Florida.
Page 9 of 10
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DESCRIPTION:
THAT PART OF GOVERNMENT LOT 2 OF SECTION 26, TOWNSHIP 22
SOUTH, RANGE 25 EAST, LYING NORTH OF THE NORTH LINE OF
SEMINOLE STREET EXTENDED WEST, LESS THE NORTH 430 FEET OF
SAID GOVERNMENT LOT 2, AS RECORDED IN THE PUBLIC RECORDS
OF L~KE ÇOUNTY, FLORrV~.
NOTES:
1.
BEARINGS ARE BASED ON THE ASSUMED BEARING OF
SOO-23-J4W, ALONG THE WEST RIGHT-OF-WAY LINE OF
TWELFTH STREET.
UNDERGROUND ENCROACHMENTS, IF ANY WERE NOT LOCATED.
ABOVEGROUND ENCROACHMENTS, IF ANY AS SHOWN.
CERTIFICATION LIMITED TO PARTIES NAMED HEREON.
PROPERTY NOT ABSTRACTED FOR EASEMENTS OF RECORD,
RIGHT-OF-WAYS OR OWNERSHIP,
2.
3.
4.
5,
THIS IS TO CERTIFY TO THE CITY OF CLERMONT THAT I HAVE
RECENTLY COMPLETED A BOUNDARY SURVEY OF THE PROPERTY
DESCRJBED HEREON; THAT SAID SURVEY AND SKETCH ARE ACCURATE
AND ~QRRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; AND
TH^T THIS SURVEY MEETS THE MINIMUM REQUIREMENTS AS STATED
IN CHAP~ER 21HH-6, FLORIDA ADMINISTRATIVE CODE.
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/£...2.~/:4'1 ;::¿ ß f, ~
PATR¡t.i< M. KELL Y R.L.S. NO.4423
STATE OF FLORIDA
EXHIBIT.- A
NOT VALID WITHOUT ORIGINAL SIGNATURE AND EMBOSSED WITH SURVEYORS SEAL.
SPRINGSTEAD ENGINEERING, INC. 4Þ 727pSOI:~~~::EET I
CONSULTING ENGINEERS - PLANNERS - SURVEYORS LEESBUAG, FL32749-0448
(904) 787-1414
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IN WITNESS WHEREOF, the parties have caused these presents to
be duly executed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
CITY OF CLERMONT
BY:~~ ~ I? AJ(
anp. Mainella, Director
Division of Recreation and
state Liaison Officer
By:ß ¿? /Zc
Parks
Type Name:
Robert A. Pool
~~
DNR Contract Manager
Title:
Mayor
Approved as to
Form and Legality:
~. ~ H'~{l
Project Sponsor Attorney
Approved as to
Form and Legality:
~D~
Page 10 of 10
DNR 42-020
Revised 10/3/89
8
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LAND AND WATER CONSERVATION FUND PROGRAM
Project Implementation anè Completion Checklist
Project
Number
Approval notification, project agreement, information packet sent to sponsor
Project agreement received from sponsor
proj ect agreement routed through DNR
Project agreement executed by DNR
Project agreement sent to sponsor (fully executed)
Project agreement and Cabinet minutes to DNR Fiscal
Amendment
Amendment
Amendment
Amendment
Amendment
Acquisition - Documentation received from sponsor:
1.
Evidence of title
2.
P.L. 91-646 data
3.
Financial disclosure compliance
4.
Buyer-seller financial statement
issued at closure
5.
Photograph of LWCF-DNR sign at site
6. "Limitation of Use" statement
Development - Documentation received from sponsor:
Plans and specifications received from sponsor - Partial
All
Plans and specifications approved by DNR - Partial
All
Bid documentation received from sponsor
Bid advertisement
Bid tabulation
Bid bond
Proposed contract
Contract documentation received from sponsor
Performance bond
Executed contract
Land as local match (if appllcable)
Proof of title before construction commences
Dedicated in perpetuity to outdoor recreation and recorded
in sponsors public records (if other than project site)
Pre-construction certification received from sponsor
Mid-completion site inspection report
Reimbursement request:
#1
#2
#3
Continued on reverse slde ......
Page 5 of 6
DNR 42-053
8
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Final project documentation
Limitation of Use statement
As-built site plan (2 copies)
Inventory of facility (2 copies)
Photographs or color slides (one of permanent I.D. sign)
Post-completion certification
Final site inspection report
Staff review of project file for program compliance
DNR Fiscal advised of deobligated funds
Page 6 of 6
DNR 42-053
r '" ,~-