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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 Page 1 of lO , , . , 8 8 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 Page 2 of 10 , , 8 8 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 Page 3 of 10 8 8 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. Page 4 of 10 8 8 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 Page 5 of 10 , , 8 8 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 8 8 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 , 8 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 , '. . 8 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 . . 8 ru . 0. 0. Ò '" ,¡. No,,:"-' LINf. of S~"""'O,:::-¿:(.- 2:1..- 2S"7 ~ < ~ ... ° N 8 ~ 0 ~ :'0","'"1 L,NE 0": ! g ~ ~ '; F"NO I P.... ~" 4Z,. J ~ 00""",°""\" -= 0. NoRTH 4-30' 0< GovT Lo.,- Z 7' IN ßC)' 3~' 2'" ¡,J I '" . ==rr ;Z ~ T'Z"'" ..:¡ui ,,"NO I P..... ~L ~ :HI"> . ~~ ~ 0 ..,,' N ' I!. \5;:; 4.82 A.C "0 (\)Y""-E cA""") 'i.'. 8 ':;~::.' P,? "" - ....., ~s' ---,SS &1..' \ r.r ,'n - :I .. oJ < V " \~'" ~ J r-- w ~""" '" N g :::;s 8" 0 '" 8'" -:it- "" .:-:,,~,:::..:~ ..- z. g" ,0 N b<)ð 31), S"," E 5e.." ,""OLE. STiV:ET" '" /oJ t.J Co~""£" LoT I ~HA",-EU,",'OD ':;,.". , I'\..A,.- 6~", 1..1,1>",£ 4(. ~ I 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. /~L //' £?'~ ¡f,J; /£...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 "öo,)"(DA~'1 :"'RVE'1 h:,R. ' Orawn By I1.J. JobNa. 0-5(,5 l. (,,-'( 01= CL..E¡;:tJl.::>NI Checked By "j> r"1l( See Å rwp.~ Age .l::>. f¿.c..~EAT1"NAL A.õl..EA I LA...e:,Co J~I<>.. Oate 1<' - 5 - 1','" FileNo. ß-o"~'" , ,. ,'.. . 8 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 8 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 8 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 '" ,~-