1991-13
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La~1on Chiles
Governor
Jim Smith
Secretary of State
Bob Butterworth
Attorney General
Gerald LewIs
State Comptroller
Tom Gallagher
State Treasurer
FLORIDA DEPARTMENT OF NATURAL RESOURCES
Tom Gardner, Executive Director
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
.~ ~.~~'\.!r:D JUN 1 At S91J
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June 12, 1991
Bob Crawford
Commissioner of Agnculture
Betty Castor
Commissioner of Education
Mr. Wayne Saunders
City Manager
City of Clermont
Post Office Box 120219
Clermont, Florida 34712-0219
q 1- 0/3
Re:
Twelfth street Park
FRDAP Project No. F90-113
Dear Mr. Saunders:
The enclosed project agreement is fully executed and sets
forth a project completion date of November 1, 1992. This is
the date by which all grant related construction must be
completed and all grant related expenses paid.
At this time, we suggest that you review the commencement
documentation requirements listed on the Grant Implementation
Checklist. As soon as these documents are received and approved
by this office, we will issue authorization to commence project
construction. This process should be completed by August 1,
1991.
You are allowed three reimbursement payments for this
project with a minimum retainage of ten percent held until
completion of the project is approved by DNR. Since the
development phase will extend over two fiscal years, it is
important that funds be expended throughout the entire eighteen-
month period to generate an expenditure rate. We ask that you
submit the payment requests as follows:
First request within six months of the effective date of the
contract.
Second request within one year of the effective date of the
contract.
Third and final request with all required completion
documentation no later than thirty days after project
completion.
Admmistration
Beaches and Shores
Law Enforcement
Marine Resources
RecreatIOn and Parks
Resource Management
State Lands
Mr. Wayne saunder~
June 12, 1991
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We appreciate your assistance and cooperation in working
toward the successful completion of this project.
Sincerely,
~f~
Rosie Keween, Grants Specialist
Bureau of Local Recreation Services
Division of Recreation and Parks
Mail station #585
RK/ev
Enclosure
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C-1D~
(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement - Development
F90113
(Project Number)
This Project Agreement made and entered into this
/:¿ Ih
day of
::Tk lit.
, 19 q/, by and between the State of Florida,
Department of Natural Resources, hereinafter called the
DEPARTMENT, and the City of Clermont, hereinafter called the
GRANTEE, in furtherance of an approved outdoor recreation
project.
In consideration of the mutual covenants contained
herein the parties hereto agree as follows:
1.
This Project Agreement shall be performed pursuant
to sections 370.023, 375.021 and 375.075, Florida Statutes, and
Chapter 16D-5, Part V, Florida Administrative Code, hereinafter
called the RULE.
The GRANTEE shall comply with all provisions of
the RULE, which is incorporated into this Project Agreement by
reference, as if fully set forth herein.
Disputes concerning the
interpretation or application of this Project Agreement shall be
resolved by the DEPARTMENT whose decision shall be final and
binding on the GRANTEE.
The DEPARTMENT may cancel this Project
Agreement for failure by the GRANTEE to perform pursuant to the
terms and conditions of this Project Agreement.
It is the intent
of the DEPARTMENT and the GRANTEE that none of the provisions of
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section 163.01, Florida statutes, shall have application to this
Project Agreement.
2.
The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Twelfth Street Park
(Florida Recreation Development Assistance Program, Project
Number F90113), hereinafter called the PROJECT, and enters into
this Project Agreement with the GRANTEE for construction of
outdoor recreation facilities and improvements on real property,
the legal description of which is set forth in Exhibit A,
attached.
3.
The GRANTEE will construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the following PROJECT elements
which may be modified with good cause by the DEPARTMENT:
picnic
pavilion, playground equipment, bike path, boardwalk, pier
w/fishing stations, restrooms, parking and related support
facilities and improvements.
4.
The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $112,500.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT.
DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $ 112,500.00 75%
GRANTEE Match $ 37.500.00 25%
Type of Match Cash and/or In-Kind Services
Page 2 of 9
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The PROJECT reimbursement request shall include all documentation
required by the Department for a proper pre-audit and post-audit
review. The Contract Manager shall, within sixty (60) days after
receipt of a payment request, review the work accomplished to
date on the PROJECT and, if in order, approve the request for
payment.
The DEPARTMENT shall retain $11,250.00 of the entire
PROJECT amount until completion of the PROJECT.
5.
Prior to commencement of project construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance
Program Development Project Commencement Documentation Form, DNR
Form 42-005.
6.
The GRANTEE shall comply with the DEPARTMENT'S
Grant and Contract Accountability Policy, Chapter 16A-11, Florida
Administrative Code, hereinafter called the POLICY, and
incorporated into this Project Agreement by reference as if fully
set forth herein.
The GRANTEE shall ensure that all purchases of
goods and services for accomplishment of the PROJECT shall be
secured in accordance with the GRANTEE'S adopted procurement
procedures.
Expenses representing the PROJECT costs, including
required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
POLICY.
The POLICY establishes uniform guidelines and procedures
to be utilized by the DEPARTMENT and the GRANTEE in accounting
for grant funds disbursed under the PROJECT and sets forth
principles for determining eligible costs, supporting
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documentation and minimum reporting requirements.
The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
years after the fiscal year in which the final PROJECT payment
was released by the DEPARTMENT or 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, Auditor General, state Comptroller and
other relevant parties shall have the right to inspect and audit
the GRANTEE'S records for said PROJECT.
7.
If the GRANTEE has been granted a Waiver of
Retroactivity and all applicable requirements have been
satisfied, Program funds may be reimbursed, if such costs are
identified in Paragraph 8 herein as eligible costs incurred prior
to execution of the Project Agreement.
8.
The DEPARTMENT and the GRANTEE 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 $0,
for:
NONE.
9.
The GRANTEE shall complete all PROJECT construction
and submit all completion documentation on or before
November 1, 1992.
10.
Rosie Keween, Grants Specialist or successor, is
hereby designated the DEPARTMENT'S Contract Manager for the
purpose of this Project Agreement and shall be responsible
for ensuring performance of its terms and conditions and shall
Page 4 of 9
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approve all reimbursement requests prior to payment.
The
GRANTEE'S Liaison Agent, as identified in the project
application, shall act on behalf of the GRANTEE relative to the
provisions of the Project Agreement.
The GRANTEE'S Liaison Agent
shall submit to the DEPARTMENT signed PROJECT status reports
every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion and other
appropriate information.
Photographs shall be submitted when
appropriate to reflect the construction work accomplished.
11.
All monies expended by the GRANTEE for the purpose
contained herein shall be subject to preaudit review and approval
by the Comptroller of Florida in accordance with Section 17.03,
Florida Statutes.
12.
The GRANTEE agrees to save and hold harmless the
DEPARTMENT, its officers, agents and employees from any and all
liabilities, claims, actions, damages, awards and judgements, to
the extent allowed by law, arising from the GRANTEE'S obligations
contained herein to construct, operate and maintain the PROJECT.
13.
The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any time.
14.
This Project Agreement may be unilaterally
cancelled by the DEPARTMENT in the event the GRANTEE refuses to
allow public access to all documents, papers, letters or other
materials made or received in conjunction with the Project
Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
Page 5 of 9
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15.
Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
GRANTEE with said Project Agreement, the GRANTEE will be allowed
a maximum of sixty (60) days to submit additional pertinent
documentation to offset the amount identified as being
due the DEPARTMENT.
The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
16.
The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Project
Agreement, and the GRANTEE upon notification from the
DEPARTMENT, agrees to refund, and will forthwith pay, the amount
of money demanded--which payment shall be made directly to the
DEPARTMENT.
Such refund shall include interest calculated at two
(2) percent over the prevailing prime rate as reported by the
Federal Reserve.
17.
The State of Florida's performance and obligation
to pay under this project Agreement is contingent upon an annual
appropriation by the Legislature.
18.
Reimbursement of eligible travel expenses shall be
subject to the requirements of section 112.061, Florida Statutes.
19.
Allowable indirect costs shall not exceed 15% of
the GRANTEE'S eligible wages and salaries.
Indirect costs that
exc~ed 15% must be approved in advance by the DEPARTMENT to be
considered eligible PROJECT expenses.
Page 6 of 9
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20.
Asphalt paving for the PROJECT shall conform to the
Florida Department of Transportation's specifications for road
and bridge construction.
Bid specifications, contracts and/or
purchase orders of the GRANTEE must specify thickness of asphalt
and square yards to be paved.
21.
Prior to final reimbursement, the GRANTEE must
erect a permanent information sign on the project site which
credits the Florida Department of Natural Resources.
22.
Land owned by the GRANTEE, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public.
The dedication must be recorded in the public property records by
the grantee.
The GRANTEE shall ensure that projects on GRANTEE-
owned lands, purchased or developed with FRDAP funds, shall be
managed for outdoor recreation purposes for a minimum period of
twenty-five (25) years from the completion date set forth in the
project completion certificate.
Land under control other than by
ownership of the GRANTEE (e.g., lease, permit, management
agreement or other similar instrument, etc.) and developed with
program funds shall be managed as an outdoor recreation area for
the public for a minimum period of twenty-five (25) years from
the completion date set forth in the project completion
certificate.
All projects shall be open at reasonable times and
shall be managed in a safe and attractive manner appropriate for
public use.
Should GRANTEE, convert all or part of the project
site to other than DEPARTMENT staff approved recreational uses,
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the GRANTEE shall replace the area, facilities, resource or site
at its own expense with an acceptable project of comparable scope
and quality.
23.
No person on the grounds of race, creed, color,
national origin, age, sex, or handicap, shall be excluded from
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Project Agreement.
24.
This Project Agreement represents the entire
agreement of the parties.
Any alterations, variations, changes,
modifications 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.
Any and all notices shall be
delivered to the parties at the addresses shown below.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
By: ~ ,f, ~~
ran P. M~inella, Director
Division of Recreation and
CITY OF CLERMONT
By:m Ó ~~
Parks
Title: Mayor
Address:
Bureau of Local Recreation Services/
Woodcrest
Mail station 585
Division of Recreation and Parks
Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
~~ ~~t~r --
DNR Contract Manager
Address:
Post Office Box 120219
Clermont, Florida 34712-
0219
/:J~);lÎ1 , WamV
DNR C~~ct Administrator
~~ A
Project SPMS~~
Approved as to
Form and Legality:
~
Page 9 of 9
DNR 42-058
Revised 03-13-91
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Clermonc, Florida 32711
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l\B(R 0938 rAc,[ 2378
RI:CS";¿:?O Made/his 9ch d(JlJof Occober
DOC ~~.5;' PC>
TF J. (/ LEOTA C. GRAY, individually, and
RICHARD E. OSWALT nnd DI/~NE O. RUSS, as Truscees
19 87 .
~ttmttn
of/he Count¡¡ of
Lake
, State of
CITY OF CLE~~ONT
Florida
, grantor, and
whose post-office address IS
of the Coun/II of Lake
P. O. Box 219, Clermont, Florida 32711
, Slate of Florida
, granteel
-mUnrlUlt'tq: That said granlor,for and In consideration of the sum of FIFTY THOUSAND AND NO/loollars, and
other good and valuable consideratIOns to ,wid ¡.:rantor in hand paid b¡¡ said ¡{rantee, the receIpt whereof IS hereb¡¡
acknowledtšcd, h( ,t granted, bargained and sold to the said grantee, and ¡{rantee's heirs, successors and assigns forever,
thefollowmg descnbed land, situate, IlJlng and being In Lake CountlJ, Florlda,to-wlt:
Begin at the Northeast corner of Block 136, according to the Official Hap
of the City of Clermont, Plat Book 8, Pages 17-23, inclusive, Public
Records of Lake County, Florida. Run thence Westerly along the Northern
boundary of said Block 136, a distance of 340 feet; run thence North 10
feet; run thence West to the East li.ne of Government Lot 7; run thence
Southerly along the East li.ne of Government Lot 7 to the Southeast corner
of Government Lot 7. Run thence Easterly along the North line of Section
26, Township 22 South, Rnllge 25 East, to the right-of-way line of l~:b"I~
Street; run thence Northerly along said right-of-way line to the Point~~D~-('
Beginni.ng. ¡:: '
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The above-deacri.bed property is not the Homestead of any of the Grantors.~ ;'. ~
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I and said grantor dC'es hereb¡¡ full¡¡ warrant the title to said land, and will ckfend the same against the lawful claIms of
I all persons whomsoever,
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In JlIUnr.t1.fl lml7rrrDf. Grantor MS hereunto set grar<tor's hand and seal the dav and ¡¡ear first above written,
led and dellUered '
~~ -(! , ~-<--1 (Seal)
LEOTA C. GRAY ~
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RlCl-W'J) E. OSWALT, As Trus lee
(Seal) ,
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DIA."IN[ O. RUSS, As Trus tee
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I STATE OF ,FLORIDA,
I COUNTY',C?,f.,:' LAKF; .
\ I H~R.E~\~!}?ì~ÆF}',that on this da¡¡ before me, an offlCerdulJl qualIfied to take acknowledgments, personalllJ appeared
If, LEOTA~ C. GRAY, RIClWU) E, OSWALT and DIANNE O. RUSS i
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Ito ~.... kn.;~~' to:bè the person(s) descrihed in and who executed the foregoing instrument and acknowledged before me ¡
t~ex~CV'J<.:m°fuJfO£.'-' ~ a (';
WITN~fS":~h r.ai;~;::al ";'n Ih, Caunly and S'",da<~ J' a~ ~ I / 'iY? ,
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;~£;'\ ~ LJ ~~.. ~.;.1 I:J Ú Ð Mv rommlwon expires: _:Z::.';;d>~ ()
Clermont F90-ll3
Twelfth Street Park
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P. O.~Drawcr 848
Clermont. ilorida 32711
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BOOK 0980 PAC£ 2309
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Mack this
16th
CÚJII of
September
19 88 ,
iiarlm t t11
R. E. OSWALT and GLORIA L. OSWALT, husb~nd aod wife
I of the Countll of
Lake
,State of
Florida
,grantor, and
TH~ CITY OF CLERMONT
whose post-office address /3
of the Counlll of
Post Office Box 219, Clermont, Florida 32711
Lake , Slate of Florida
, grantee,
J;fUtU'1lßt1Q: That laid grantor,for and In consideration of the sum of -----TEN and OO/OO_-_-Dollars. and
other good and oaluable conslderaf{ons In Jald grantor in hand paid bv sold grantee. the receipt whereof ÍJ hereb"
acknowledged, M.' xrunted. bargained and sold to the said grantee, and grantee's he/n, lucceuors and assigns foreoer,
the following described land. sltuate,l"ing and being in Lake Count", FloriCÚl, tcrwlt:
'--"'
BloCKS 134, 135 and 136 of the CITY OF CLERMONT, as recorded in Plat Book
8. page 19 of the Public Records of Lake County, Florida. Together with
the North 430,00 feet of Government Lot 2 of SectLon 26, Township 22
South, Range 25 East and the South 310.00 feet of Government Lot 7 of
Section 23. Township 22/South, Runge 25 East. All lying and situate
within Lake County. Floridå.
LESS AND EXCEPT THE FOLLOWING: Begin at the Northeast corner of Block 136.
according to the Official Map of the City of Clermont. Plat Book a, pages
17-23, inclusive. Public Recordij of Lake County, Florida. Run thence
Westerly along the Northern boundary of said Block 136, a distance of 340
feet; run thence North 10 feet; run thence West to the East line of
Government Lot 7; run thence Southerlay along the East line of Goverment
Lot 7 to the Southeast corner of Government Lot 7. Run thence Easterly
along the North line of Section 26, Township 22 South, Range 25 East, to
the right-or-way line of 12th Street; run thence Northerly along said
right-of-way line to the Point of Beginning.
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,. .,] HWyy.CERTJ JoJ'.JMl on thLr c1ð" before me, an officer dulv qualified to take acknowledgments, personal/" appeared
/.," g SEl'N 18 IT; i GLORIA 1. 0 s~:: ~~, ::::::: i:'::' :,i,:: ,d "k, owl ,dg,d b, ¡m m<
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and said grantor dC'es herebv ful/" warrant tM title to said land, and will chfend tM same against the lawful claims of
all persons who~oeoer.
I ]n JtrUntSli iilql'frO!. Grantor has hereunto set grantor's hand and seal the cia" and vear first above written.
Signed, sealed and ddioered in our presence: .
. ~ ~ v~/j;l /f
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GLORIA ~~ALT
(Seal)
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(Seal)
(Seal) I
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Clermont F90-ll3
Twelfth Street Fark
Fage 2
¡"'Z,,a.d: 17 da,' uj Sop te~ber. 1988,
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~.(.. r,.,n,~i."....., "T"""" July 22. 1990
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-- ~F'~ THIS INDENTURE, Made
WARRANTY DEED
this 1£4 day of ,xktff-11t&Æ-'
8
COOK 1027 I'AGE 0728
, 1989, between
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INLAND GROVES CORPORATION, a corporation existing under the law8 of the
State of Florida, and having its principal place of business in the County
of Lake, and State of Florida, party of the first part, and CITY OF CLERMONT,
a Florida Municipal Corporation, Tax Identification No.
S" - (..OOO-"l,C
whose post office address is Post Office Box 120219, Clermont, Florida 34712,
party of the second part,
WITNESSETH, That the saia party of the first part, for and in
consideration of the sum of TEN AND NO/IOO ($10.00) DOLLARS to it in hand
paid, the receipt whereof is hereby acknowledged, has granted, bargained,
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sold, aliened, remised, released, conveyed and confirmed, and by these
presents doth grant, bargain, sell, alien, remise, release, convey and
confirm unto the said party of the second part, and its successors and
assigns forever, all that certain parcel of land lying and being in the
.../
County of Lake and State of Florida, more particularly described as follows,
to ""it:
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,
lying in Lake County, Florida.
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PORTION OF PROPERTY APPRAISER'S ALTERNATE KEY NO. 1092965.
TOGETHER with all the tenements, hereditaments and appurtenances, with
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every privilege, right, title, interest and estate, reversion, remainder
and easement thereto belonging or in any""ise appertaining:
TO HAVE AND TO HOLD the same in fee simple forever.
AND THE said party of the first part doth covenant with the said party
of the second part that it is lawfully seized of the said premises; that
they are free of all encumbrances, and that it has good right and lawful
authority to sell the same¡ and the said party of the first part does hereby
fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
.\ , . ..r~. .~ITNESS WHEREOF, the said party of the first part has caused these
presents t~.~e signed in its name by its President, and its corporate seal
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to be a~fi~ea~ the day and year above written.
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INLAND GROVES CORPORATION
By: ~~C-Q G~
FLORENCE POOL, President
,
(Corporat.~: ,S.ea1)
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EXHIBIT A
Clermont F90-ll3
Twelfth Street Park
Page 3
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